2015 ORS 809.265¹
Suspension for inhalant or controlled substances conviction

Caution-flag-2-25x25
This section is amended
Effective March 3, 2016
Relating to cannabis; creating new provisions; amending ORS 90.396, 305.620, 316.680, 419C.239, 419C.420, 419C.443, 471.001, 471.775, 475.245, 475.752, 475.856, 475.858, 475.860, 475.862, 475.864, 475.898, 475B.015, 475B.063, 475B.070, 475B.075, 475B.090, 475B.100, 475B.110, 475B.150, 475B.160, 475B.185, 475B.218, 475B.235, 475B.245, 475B.250, 475B.255, 475B.340, 475B.375, 475B.415, 475B.420, 475B.428, 475B.435, 475B.443, 475B.450, 475B.705, 475B.710, 475B.760, 475B.800, 809.265 and 813.215 and section 3, chapter 20, Oregon Laws 2015; repealing ORS 475B.120, 475B.285 and 811.481 and sections 173 and 175b, chapter 614, Oregon Laws 2015; and declaring an emergency.

(1) Unless the court finds compelling circumstances not to order suspension of driving privileges, the court in which a person is convicted of an offense described in this subsection shall order suspension of the person’s driving privileges. This subsection applies when a person is convicted of:

(a) Any offense involving manufacturing, possession or delivery of controlled substances, except for possession of less than one avoirdupois ounce of marijuana as described in ORS 475.864 (Unlawful possession of marijuana or marijuana product) (3).

(b) Driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or of a municipal ordinance if the person was under the influence of an inhalant or a controlled substance.

(2) The court in which a person is convicted of possession of less than one avoirdupois ounce of marijuana, as described in ORS 475.864 (Unlawful possession of marijuana or marijuana product) (3), may order suspension of the person’s driving privileges if the person is under 18 years of age and the court determines that suspension of the person’s driving privileges is necessary for the safety of the community. The court shall indicate the findings supporting the suspension in the judgment.

(3) Upon receipt of an order under this section, the department shall take action as directed under ORS 809.280 (Department procedures following court order of suspension or revocation). [1991 c.835 §2; 1999 c.619 §7; 1999 c.1051 §139; 2011 c.355 §8; 2013 c.592 §1]


1 Legislative Counsel Committee, CHAPTER 809—Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors809.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.